Moreover, Katyal told the Supreme Courtquoting a Neil Lewis report in the August 1, 2005, New York Timesthat some military prosecutors involved in Hamdan's trial were so concerned it be fair that they have charged that "the chief prosecutor had told his subordinates that members of the military commission that would try the first four defendants (which include Hamdan) would be 'handpicked' to ensure that all would be convicted." (Emphasis added.) But John Roberts has said nothing about that.
In his 2003 State of the Union Address, George W. Bush, speaking of the many suspected terrorists arrested by the U.S., added: "Many others have met a different fate. Let's put it this way. They are no longer a problem for the United States."
Will those disappeared suspectsincluding the "ghost detainees" at secret CIA interrogation centers around the worldbe a problem for Justice John Roberts as he defers to unilateral presidential powers?